Construction Defect Litigation

Construction defect litigation is a highly technical and sometimes frustrating issue facing property owners, developers and general contractors.  Construction defect actions can be brought affirmatively against a developer, general contractor, subcontractors, suppliers, design professionals and anyone else involved in the construction of a building.  

It may also be brought by a defendant to shift liability from a developer or general contractor to its subcontractors, suppliers, design professionals and anyone else involved in the construction of a building.  Whether representing a property owner or defending a developer or general contractor, construction defect investigation typically involves intensive document review, investigation of soil and grading at the building site, structural deficiencies, cracks, water intrusion and other issues.

Manly & Stewart represents a wide range of clients in California, Arizona, Nevada and Colorado - including single family homeowners, HOAs, and large multi-family commercial and residential property owners and developers - who need assistance with these issues and others surrounding construction defect,  

Our success for our clients has been comprehensive, and includes:  

• Recovering all repair costs and attorney fees for a California apartment building owner (more than $9 million for a 200-unit apartment building in Northern California);

• Aggressively and successfully defending an Arizona condominium developer faced with a potential multi-million-dollar construction defect action.  The case was dismissed in its entirety with no recovery to the Plaintiff HOA;

• Successfully shifting liability in numerous cases from developers to the parties actually responsible for the defective conditions, shielding innocent parties from exhorbatent insurance premium increases.

We are also very proud of our exemplary level of service, which includes:

• Manly & Stewart's lawyers specializing in insurance law who assist in determining the best way to obtain and keep insurance coverage for construction defect claims;

• Highly qualified consultants responsible for determining the cause of the defect, whether or not the defect will lead to future damage, and who will supply valid and comprehensive information on how to repair the defect and damage it has caused.

• Working with clients - once their case is concluded - to prepare disclosure packages assist in finding qualified repair contractors.

Every case is unique.  For more information regarding our expertise in construction defect litigation, please contact us.